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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 882 of 2001

PETITIONER:

S. NAGALINGAM

RESPONDENT:

SIVAGAMI

DATE OF JUDGMENT: 31/08/2001

BENCH:

D.P. MOHAPATRA & K.G. BALAKRISHNAN

JUDGMENT:

JUDGMENT

2001 Supp(2) SCR 454

The Judgment of the Court was delivered by

K.G. BALAKRISHNAN, J. Leave granted.

This appeal is directed against the judgment of the learned Single Judge of

the High Court of Madras in Criminal Appeal No. 486 of 1999 reversing the

order of acquittal passed by the Metropolitan Magistrate, Madras. The

learned Single Judge found the appellant guilty of the offence under

Section 494 1PC.

The appellant, S. Nagalingam married respondent-complainant Sivagami on

6.9.1970. Three children were born from that wedlock. The respondent

alleged that the appellant started ill-treating her and on many occasions

she was physically tortured. As a result of ill-treatment and severe

torture inflicted by the appellant as well as his mother, she left her

marital home and started staying with her parents. While so, the respondent

came to know that the appellant had entered into a marriage with another

woman on 18.6.1984, by name Kasturi, and that the marriag